Legal Opinion

Mathews v. Visual Thermoforming

Appellate Division of the Supreme Court of the State of New York

Decided November 18, 1992No. Appeal No. 2Published

1Opinion of the Court

Appeal unanimously dismissed without costs. Memorandum: The motion, denominated by defendant Prescotech A Company of Tennetics, Inc. and Supreme Court as one to "reargue and/or renew”, was in fact a motion to reargue. No appeal lies from an order denying reargument (see, Matter of Hurley v Avon Cent. School Dist., 187 AD2d 982 [decided herewith]; Kirchoff v International Harvester Co., 138 AD2d 820, 821; Matter of Jones v Marcy, 135 AD2d 887, 888). (Appeal from Order of Supreme Court, Niagara County, Koshian, J. — Reargument.) Present — Green, J. P., Lawton, Boehm, Fallon and Davis, JJ.

2Cases cited3 opinions

  1. Jones v. MarcyAppellate Division of the Supreme Court of the State of New York · 1987
  2. Hurley v. Avon Central School DistrictAppellate Division of the Supreme Court of the State of New York · 1992
  3. Kirchoff v. International Harvester Co.Appellate Division of the Supreme Court of the State of New York · 1988